United States District Court, D. Nevada
MIRANDA M. DU UNITED STATES DISTRICT JUDGE.
case arises from the foreclosure sale of property to satisfy
a homeowners' association lien. Before the Court are: (1)
Defendant SFR Investments Pool 1, LLC's
(“SFR”) status report (“Status
Report”) (ECF No. 113) responding to this Court's
prior order (ECF No. 111 at 9); and (2) SFR's motion for
default judgment (“Default Judgment Motion”) (ECF
No. 112). Because the Court agrees with SFR-as stated in the
Status Report-that its crossclaims against Bayview Loan
Servicing, LLC (“Bayview”) are moot, it will
dismiss those claims. As further explained below, the Court
will also deny the Default Judgment Motion as moot, in
addition to dismissing both SFR's crossclaims against
Adrian Goering and Timothy Goering (“Borrowers”),
and counterclaim against Counter Defendant Bank of America,
N.A. (“BANA”), as moot in light of the
Court's prior order declaring that the applicable deed of
trust survived the pertinent homeowners' association
foreclosure sale (ECF No. 111 at 9).
preliminary matter, the Court agrees with SFR's
assessment in its Status Report that its crossclaims against
Bayview are moot. (ECF No. 113 at 2.) The Court will
therefore dismiss SFR's crossclaims against Bayview as
DEFAULT JUDGMENT MOTION
asserts the same counterclaim against BANA and crossclaims
against Borrowers-seeking a declaration in its first claim
for relief that the HOA Sale extinguished the
(ECF No. 37 at 16-17.) The Court previously found that
BANA's DOT survived the foreclosure sale and continues to
encumber the property. (ECF No. 111 at 9.)
Default Judgment Motion, SFR seeks a “declaration and
determination that [Borrowers and], any successors and
assigns, have no right, title or interest in the Property[,
]” and “that SFR is the rightful title
owner.” (ECF Nos. 112 at 3, 112-10 at 3.) But the Court
cannot grant SFR the relief it seeks in its Default Judgment
Motion in light of its prior ruling. (ECF No. 111.) BANA
indisputably has an interest in the property by virtue of the
Court's prior ruling-its DOT continues to encumber the
property. (Id. at 9.) The Court will thus exercise
its discretion to deny the Default Judgment Motion. In
addition, and because, as explained above, SFR cannot obtain
the relief it seeks against Borrowers in light of the
Court's prior order, the Court will dismiss SFR's
crossclaims against Borrowers as moot.
same reason, the Court will also dismiss SFR's
counterclaims against BANA as moot to the extent the prior
order is unclear as to resolution of SFR's counterclaims.
That resolves the remaining issues in this case.
Court notes that SFR made several arguments and cited to
several cases not discussed above. The Court has reviewed
these arguments and cases and determines that they do not
warrant discussion as they do not affect the outcome of the
issues before the Court.
therefore ordered that SFR's crossclaims against Bayview
Loan Servicing, LLC are dismissed as moot.
further ordered that SFR's motion for default judgment
(ECF No. 112) is denied as moot.
further ordered that SFR's counterclaim against Bank of